Companies Must Get Permission to Record Phone Calls under CIPA

Customers in California may be surprised to find out that their call may have been recorded when placing or receiving phone calls from toll-free numbers when they were not informed this would be taking place. This has happened to a number of customers when a variety of companies were found to have been improperly recording calls, and there are investigations into other companies who may record phone calls without consumer consent.

California law protects consumers’ privacy by requiring businesses to inform them if their call will be recorded or monitored. Upon placing calls to businesses, it is common to hear a voice recording that states, “This call may be monitored or recorded for quality assurance and training purposes.” Other times, customer service representatives who answer the phone provide this information upon answering the customer’s phone call.

If a customer in California stays on the line after hearing a recording or being told by the customer service representative that the company may monitor or record phone calls, this gives implied consent that the consumer agrees to the potential recording or monitoring of the phone call. The customer is not required to give express consent, such as stating that he or she agrees to the call being recorded.

If you are unsure if your call is being recorded, you may always protect yourself by asking the customer service representative on the line if your call is being monitored or recorded.

Some California customers have wondered if British Airways has decided to record phone calls without customer consent. Currently, this information is being investigated to see if British Airways has tried to record phone calls without letting customers know beforehand.

CIPA Says Businesses Can’t Record Phone Calls Without Consent

Under the California Invasion of Privacy Act (CIPA), both parties in a telephone conversation must consent to the call being recorded, and calls may not be recorded without this two-party consent. This applies to any phone call placed or received in California, for both residents and those visiting the state.

If a business has been found to have violated the California Invasion of Privacy Act, it can be held responsible to pay $5,000 in damages each time a call was recorded without the consent of the customer calling the business. As one can imagine, if a business engages in this practice, the fees can quickly add up, making this a very expensive situation for businesses who have chosen not to follow the law.

Alternatively, if a customer suffered actual damages due to the recorded phone call where privacy was compromised, the business may be on the line to pay triple the actual damages caused to the customer.

Have You Had a Business Record Phone Calls Without Your Consent?

If you have had a phone call with British Airways or any other company recorded without your consent, and you were in California when you placed or received the call, you may have a legal claim. If you qualify, you can speak with an attorney in a free case consultation.

Join a FREE California Call Recording Class Action Lawsuit Investigation

If you live in California and you did not receive a warning when calling a toll-free number, your call may have been recorded in violation of California law, and you may be entitled to compensation. See if you qualify to file a California call recording class action lawsuit.

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